CM 1988-11-08 Ninutes o£ November 8, 1988
The City Council of the City of Coppell met in a regular called
session on Tuesday, Noveaber 8, 1988 at 7:30 p.m. in the Council
Chambers of the To~ Center, 255 Parkway Boulevard, Coppell, Texas.
The following members were present:
Leu Du8san, Nayor
Dean Wilkeraon, Kayor Pro Tam
Walter PettiJohn, CouncilJaan
Tom Nor~on, Council~an
Bill S~othermon, Councilman
Jim Co,man, Councilman
Nark Wolfe, Councilman
John A. Nelson, Councilman
Also present were City Hanager Alan D. Ratliff, City Secretary Dorothy
Timmons, and City Attorney Larry Jackson.
Nayor Dussau called the meetin~ to order and everyone was asked to
stand while Councilman Wolfe Save the invocation. Assistant Scout
Heater Forest BrooN, Troep 84Osponaored by the City of Coppell Pire
Department, led those present in the Pledge of Allegiance.
Item 3: Approval of Hinutes - October 25, 1988
Councilman Norton moved to approve the minutes of 0ctober~lS, 1988 ss
submitted. Councilmen Smothermon seconded the motion.: Follovin$
discussion Mayor Pro Tam Wilkerson referred to Ite~ lB,- citizens
speakins against the proposed zoninl chan~e, and requeStS.the lest.
name of Gary Youn~hans, 907 Red Cedar Way, be inserted in the minutes
where it was stated that the last name could not be determined.
Councilman Morton moved to amended his motion to include this
correction. Council~n Smothermon seconded the amended motionl motion
carried 7-0 with Mayor Pro Tam Wilkerson, Councilman PettiJohn,
Norton, Smothermon, Cowman, ~olfe and Eelson voting in fever of the
motion°
Item l: Nayor's Report
A. Nayor Dumas informed those present that Items 10 and 11
were withdrawn at the written request of the applicant to be
refiled and considered at a future date.
B. ~ayor Dugsen stated that Item 23 has not been withdrawn and
requested this item be brought forward et this time for
discussion.
Item ~3: Discussion and dissemination of in£ornation concernius the
Northwest Flood Control District - requested by ltayor
Duggan.
Nayor Duggan requested a eho~ of hands of those persons present who
wished to speck before the Council concerninS this item. Those persons
speaking were; Roy Brock, 524 Carter Drive, Louis Cru~p, 900 Villawood
Circle, Steve Broml, 759 Blue Jay, Bill Troth, 102 Keado~creek, ~nd
Johnny Th~peon, 1519 ~ast hltline Road. Citizens speakin~roqueoted
back~romld infor~ation frma tho Council concernln~ this lt~. concern
as taxpayers of the City, property ~n question aec be~u~ developed,
do-evaluation of ·d3aceat property, and requested the Conncil ~o
support · State audit. Hayer DuSean tn~ormed tho Conucil that he had
· trended · maetins of the Texas Voter Camm~s~ou &t 9:00 a.m. ~ovember
8, 1988, and the Texas #aCer Conmiaalon had before then an amembont
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to a~end the original pro~ec[~fOf:,~ei~tation from 12,750,000.00 to
l?*i million dolIare, The Te~?~ ~o~mission has called for an
~ evidentiary hearing before the State with evidence being
submitted by all parties, which viii occur within the next thirty (30)
days, and will impact this Community. Nayor Pro Tam ~ilkerson
requested clarificati'on on a ~v/~i~u~ evidentiary hearing. ~ayor
Duggan informed the Council that the scope of the investigation could
be restricted to simply rule on the amendment, or it could rule to
pertain to the district. The Texas ~ater Comission has at their
disposal the means of the entire State network including the Attorney
General's office if they determine there needs to be action taken.
~owever, they have some limited authority, due to the fact that durins
the creation of the district they exempted the Texas ~ater Commission
of two chapters of their ability to monitor and supervise this
district. Hayor Du~$an requested the City Council to take a cautious
position, but be supportive of the custom builders in this Coumunity
who have developed the City's major sub-divisions, and be supportive
of the City's taxpayers and voters. Councilman ~olfe questioned the
~ayor as to the property bein$ foreclosed on and the procedures
followed. Hayor Du~gan stated that the foreclosure was filed on
Tuesday, November 1, 1988. FollowinS discussion Hayor Du~gan inforned
the Council that Hr. Jay Patterson, Terra Land Development, was
officially informed and invited to appear before the City Council for
discussion of the above stipulated item. Councihnan ~olfe stated that
he encouraged the Texas ~ater Counission to continue with appropriate
action. Hayor DuEsan stated that the City Council could support a
State audit on behalf of the taxpayers of the City. City Attorney
Larry Jackson stated that the City Council should leave the request
for e State audit to be determined by the-~4~ie~t~ evidentiary
hearing conducted by the Texas ~ater CommisSiOn, should they feel it
is necessary. ~ayor Dusgan thanked the citizens present for their
input. No action vas required by Council on this item.
Hayor Duggan returned to the Mayor% report at this time.
C. Councilman Cayman requested City Hanager Alan D. Ratliff to
investisate the possibility of the City installinS a
controlled left-hand signal at Beltline and Hoars Road and
Beltline and ~ockingbird Lane, heading east, due to an
increase in traffic.
D. Hayor Pro Tam ~ilkerson requested speed be reduced or a
caution sign be installed in the location of Beltline Road
and Bethel Road. Due to road construction and concrete
structures in that ares it has become a danserous
intersection. Councilman Smothermon requested City Manaser
Alan D. Ratliff investigate the possibility of closing this
intersection, east bound, until construction in the area is
complete, and detour the traffic onto Bethel School Road.
E. Councilman Horton requested that the speed be monitored and.
controlled on south Beltline/Covboy Drive due to drivers not
adherin~ to speed signs and sisnal lights.
Item 5: City Council Liaison~e Report
A. DART - Councilman Norton reported that their are four
scheduled bus trips from Coppell to dovnComu Dallas. Two
are express buses in the mormin$ 'nd tva express Imasa in
the evening. The number of citizens uotno_ DART fen CopPetl
have doubled. A uid-day route, lit. 20~ fro~' Carrollton,
v~11 be achadulmd in the very near futura. DART is
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investisa~ing a location ~for a Park-n-Hide facility to be
located in Coppell vith~.~deqUate park.ins for approximately
forty (40) vehicles,
B, FINANCE CONHITTEE Councilman Smotherm°n informed the
Council that the Finance Co,~ittee had met briefly this a.m.
and mede a recom~enda~ion on the North Texas Comission
luncheon which appears on this asenda for consideration as
Item Number 18.
C. LIBRARY - no report
D. HUD ABSORPTION - Councilman Smothermon informed the Council
that the entire Committee met and attended the HUD Board
meeting. They presented a proposed contract, drafted by the
City Staff and City Attorney Larry Jack,on, for maintenance
of lift stations. Information previously requested from the
~UD Board has been received, but additional information is
forthcoming. Upon review of this information, the Committee
will begin an analysis to determine if and when the HUD
District will be absorbed. The HUD Board is waiting for the
City to complete negotiations ~r~th Lewisville prior to other
annexations of the ~asnolta tracts into the HUD District.
E. PARK BOARD - Councilman PettiJohn referred to a memorandum
submitted to the City Council concerning the lights and
concession stand at Brown Park. Hayer Dug~an requested that
an item, be placed on the next City Council agenda for
discussion and to resolve this problem concerning the
construction of a concession stand and field lishting.
F. SCHOOL LIAISONS - Councilman Wolfe requested that Councilman
John A. Nelson, CISD trustees, Dr. Stanfield, and City
Manager Alan D. Ratliff meet to discuss and review the
School/City project concernin$ the lightin~ of the tennis
courts at the Coppell High School.
G. PARK GRA~T P~,~VIEIg COI~/ITTEE - Councilman Morton infor~ed the
Council that he attended this meeting, at NTCOC, and the
City of Mineral Wells has a Joint work agreement vith their
school system. He also stated that the State is in favor of
fundin~Joint projects such as these, and are ~ore apt to
fund these projects of Joint cooperation before any other
lundinE assistance projects. Hayer Pro Tam Wilkerson
requested that the Park Consultants be informed as to
appraisals, contracts, etc. concerning grants.
H. City En$ineer Russell Doyle reported to the Council
concerning the co~pletion of Parkway Boulevard to the
new High School, and stated that completion has been
schsduled for spring 1989. City Hanager Alan D. Ratliff
stated that City staff is doing everything to facilitate the
completion of this project.
Item 6: Citizen's Appearances
Hayer Dugsan then asked for those persons wishing to speak before the
City Council. Those persons epeak~ne were Steven Cell=mn, M.D., 340
Woodhurot Place, concarnin~ a request foe a variance which vas denied
by the ~oard of AdJ~u~t~ento. Hz. ~ll~an ~ub~ltted ~o~ti~ ~ a
appeared befo~ ~ha hrd of ~Jun~e req~o~i~ a vaT.ce ~o
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enclose his existing garage, but i~ is prohibited by City Ordiu&nce
end 8tared that he felt this ~l[~i~o longer serves the City.
Following discussion, Mr. Gellman was in~o~ed ~o rs-apply ~o ~he
Board of Adjustments conce~imS this request. It was tha conse~u8 of
~he Council ~hac Hr. ~ll~n does no~ have ~o pay a fee for a
re-hearts8.
Item 7A: Presentation by Texas Waste Hanage~ent representatives
related to solid waste disposal provided and proposed
services in the City of Coppell.
Mr. John Gustafson, Texas Waste Management, ~ade the presentation to
the Council. Mr. Guetafson presented the progr~s that they have
implemented to upgrade service which is not included in the contract,
and indicated progr~m~ they would like to see implemented Jointly with
the City. Following discussion it was the conssnsu8 of the City
Council to stop the automatic renewal of this contract. No action was
required by Council on this item st this time.
Item 7B: Holding of a PUBLIC HEARING to receive citizsn input and
co~ents related to services rendered by Texas Waste
Management prior to the proposed renewal in December 1988.
Mayor Duggan opened the public hearing and asked for those persons
wishing Co address the Council at this tiM. Those persona speaking
were Vivian Checkly, 812 Novell Drive, requesting a set time be
designated for pick-up, and David Greer, 6tl Briarglen. Mr. Greet
stated that he has three (3) restaurants, one of which is located in
the City of Coppell, and felt the service charge to the City should be
eliminated and co~plimanted Texas Waste Hanaiement on their service.
Mr. Greet also stated that he felt that paints and materials of that
nature, that would stain the streets, should be prohibited fro~ being
transported. ~ayor Duggan then closed the public hearing. Followin~
discussion by Council, Councilmen Wolfe requested an updated survey of
charges by other cities. Council was infomed that Texas ~aste
Management has this information available and will provide a copy to
the City. No action was required by Council on this item.
Prior to Item 8 a short recess was called. Mayor Duggan left during
this recess and Mayor Pro Tam Wilkereon presided over the remainder of
the City Council meeting.
Item 8: Holding of a PUBLIC HEARING to consider approval of a zonin~
change, Case ~PD-10? fro~ a Planned Development for Retail
to (PD-SF-9) Plannsd Development Single Pamily-9, located at
the northeast cornsr of Plantation Drive and Coppell Road at
the request of Centex Reel Berate Development to allow for
construction of single-family homes.
Date of P&Z Meeting: 10-20-88
Dscision of P&Z Co~ssion: Approved (6-0)
with variances as requested
City Engineer Russell Doyle made ~he presentation to the Council. Re
stated that the applicant is requesting the following variances~ A-
There shall be a side yard on each side of the lot havin~ a width of
not less Chart s~z (6) feet; B- That the vidth of the lot shall not be
lees than sixty (60) feet ac the front street buildin8 line; and C-
That a screening nil shall be coneCrucCedvithiu the property line of
loc ~$0 and thee said fence being constructed of rood, on natal poets
eec in concrete, and that the maintenance of said fence shall be the
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responsibility of the owuer of lot 150; D-That the alley in its east
to west configuration will intereeatCoppell Road; and E-Homes vi11
front Coppell Road. Mr. Steve Stolte, Land Development Project
Hanager and applicant, also made e presentation. Mayor Pro Tam
Wilkerson d~clarad the public hearing open and asked for those persons
wishing to speak in favor of the proposed zoning change. There were
none. Hs then asked for those persons wishing to speak against the
proposed zonin8 change. Again, thers were nons. Ths public hearing
was then declared closed. Following discussion Councilman Morton
moved to approve the proposed zoning change, with variances as
submitted, Case #PD-107 from a Planned Development for Retail to
(PD-SF-9) Planned Development Single Family-9, located at the
northeast cornsr of Plantation Drive and Coppell Road at the request
of Centex Rsal Estate Dsvelopment to allow for construction of
single-family homes. Councilman PettiJohn seconded the motion; motion
carried 7-0 with Hayor Pro Tam Wilkereon, Councilmen PettiJohn,
Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the
motion.
Item 9: Consider approval of a preliminary plat with variances for
the Shedo~ridge Estates, Third Increment locatsd at the
northeast corner of Plantation Drive and Coppell Road at the
request of Centex Real Estate Development.
Date of P&Z Meeting: 10-20-88
Decisiom of P&Z Commission: Approved (6-0)
v/th stipulations (see minutes
attached to item)
Councilman PettiJohn moved to approve a preliminary plat with
variances for the Shadovridge Estates, Third Increment located at the
northeast corner of Plantation Drive and Coppell Road at the request
of Centex Real Estate Development. Councilman Morton seconded the
motion; motion carried 7-0 with Hayor Pro Tam Wilkerson, Councilman
PsttiJohn, Morton, SmothermOn, Cov~an, Wolfe and Nsleon voting in
favor of the motion.
Item 10: Consider approval of a preliminary plat and variance for the
Northlake Woodlands East ~12 A~dttton located at the
northwest corner of Mockingbird Lane and the St. Louis &
Southwestern Railroad.
Date of P&Z Meeting: 10-20-88
Decision of P&Z Co~mission: Approved (6-0)
with the variance that delete
the allay on Lots 2, 3, 6, 7,
8 & 9; & the waiver for Lot IF
Block F fronting on
Mockingbird Lan~.
This item was withdrawn at the written request of the applicant to be
reftled and considered at a future date.
Item 11: Consider approval of a preliminary plat for the Creekvtev North Addition,Block 1, Lots 1-4 located east of Denton Tap
Road and south of Meadovcrnek Road at the request of Coppell ~
A~sociate8.
Date of V&Z ~aeti~ 10-20-88
Decision of V&Z Commission: Approved (6-0)
with Cb variance for the
deletion of the &tley
This item yea withdrmm at the written request of the applicant to be
reliled and considered at s future date.
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Item 12: Consider approval of~a~!i~,Pl~t resubmittal for Valley
Ranch Plaza, Pads B~i;;~f~*vacate the plat previously
filed with the Dallas County Records located at the
southwest corner of HacArthur Boulevard and Beltline Road.
Data of P&Z Heating: 10-20-88
Decision of P&Z Commission: Approved (6-0)
City Engineer Russell Doyle made the presentation to the Council.
Folloving discussion Councilman Volfe moved to approve final plat
resubmittal for Valley Ranch Plaza, Pads B-I, and to vacate the plat
previously filed with the Dallas County Records locatsd at the
southvest corner of HacArthur Boulevard and Beltline Road. Councilman
Horton seconded the motion; motion carried 7-0 with Nayor Pro Tam
~ilkerson~ Councilmen PettiJohn, Norton, Smother~on, Co.man, ~olfe and
Nelson voting in favor of the motion.
Item 13: Discussion and consideration of approval of an ordinance
authorizin$ and allowing; under the act governing the Texas
Nunicipal Retirement Syste~, "Updated Service Credits for
service performed by qualifying members and providing for
increased prior and current service aunuitiaa for retiraaa
and beneficiaries of deceased retirees of the City of
Coppell' and authorizing the Hayor to sign.
Vivyon Barman, Assistant City Hanager/Personnal made the praaantatton
to the Council. Hr, Boy.an indicated that the cost is approximately
$5.600 for both this item and the following agenda Ite~ ~umber 14.
Folloving discussion Councilman Horton moved to approve Ordinance
88-419 authorizing and allowing; under the act governing the Texas
Nunicipal Ratire~ant Syste~, "Updated Service Credits for service
performed by qualifying mambers and providing for incraaaed prior and
current service snnuitie~ for retirees and beneficiaries of deceased
retirees of the City of Coppe11" and authorizing the Hayor to si~n.
Councilman Patti;ohm seconded the motion; motion carried 7-0 with
Hayor Pro Tam ~ilkerson, Councilman Pattilohn, Horton, S~othernon.
Co.man, ~olfe and ~elson voting in favor of the ~otion.
Item 14: Discussion and consideration of approval of an ordinance
affecting participation of City of Coppell E~ployeea in the
Texas ~unicipal Retirement System; Granting the additional
rights, credits and benefits authorized by 64.202 (f),
64.204, 64.405, 64,406 and 64.410 of title ll0B. Revised
Civil Statutes of Texas, 1925, a8 amended by the 70th
Legislature; and prescribing the effective date of Chis
ordinance and authorizin8 the ~ayor to si~n.
Vivyon Barman, Assistant City Nanaaer/Parsonnel ~ade the presentation
to the Council. Following discussion Councilman Horton ~oved to
approve Ordinance 88-420 affecting participation of City of Coppell
F~nployeea in the Texas ~unicipal Retirsmt System; Granting the
additional rights, credits and benefits authorized by 6&.202 (f),
64.204, 64.405, 61,406 and 64.410 of titla ll0B, Revised Civil
Statutes of Texas, 1925, ss amended by the 70th Legislature; and
prescribing the effective date of this ordinance and authorizin$ the
Hayor to sisn. Councilman Smother~on seconded the motion; motion
carried 7-0 vith Hayor Pro Tem ~ilkerson, Councihen iettilohn,
Norton, S~othar~on. Con. an. ~olfa and Nelson votin~ in favor of the
~otion.
Item 15: Discussion and consideration of approval of final acceptance
of Bethel School Road ~Improveu~t8 fram Heartz Road to Hours
Road and approval of Final Pay Application in the amount of
$30,899.35.
Councilman Smothermon moved to approve final acceptance of Bethel
School Road Improvements from Heartz Road to Hoers Road and approval
of Final Pay Application in the amount of $30,899.35. Counctl~mn
Norton seconded the motion; motion carried 7-0 with Hayer Pro Tem
Wilkerson, Councilmen Pstti~ohn, Herren, S~othermon, Cowmen, Wolfe and
Nelson votini in favor of the motion.
Ires 16-' Discussion and consideration of rescheduling and/or
cancellinE City Council meetings in November and December.
Following discussion Councilman Norton moved to hold a reEular
scheduled meeting on November 22, 1988, due to an annexation hearing
being scheduled for that date, and cancel the resularly scheduled
meeting of December 27, 1988. Councilman Wolfe seconded the motion;
motion carried 7-0 with Hayer Pro Tern Wilkerson, Councilmen PettiJohn,
Norton, Smother~n, Cowemn. Wolfe end Nelson voting in favor of the
motion.
Item 17: Discussion and consideration of amending the Water Donation Resolution - requested by Councilman Wolfe.
Council~an Wolfe made the presentation to the Council. Council~an
Wolfe requested the Council to consider addinE Econo~c Development to
this donation and split the $2.00 donation 4 different ways rather
than additional donations. Finance Director Frank Trends reviewed the
balances of existing donations, FollaminS further discussion
Council~an Wolfe moved to amend the Water Donation Resolution to
include an-Ecamnamic Development donation. Councilmen Cmman seconded
the motion; motion carried 6-1 with Hayer Pro Tam Wilkerson.
Councilmen Pettijohn, Herren, S~othetmon, Cmman and Wolfe voting in
favor of the motion, and Councilman Nelson voting against the motion.
Item 18: Discussion and consideration of approval of purchasing a
table at the annual North Texas Co=missions' 17th Annual
-Hembership Luncheon to be held November 21, 1988 in the
amount of $1,000.
Councthnan Smother~n nade the present·tion to the Council. Follow~ng
discussion Councilmen S=othermon moved to approve the purchase of a
table at the annual North Texas Coa~iseionat 17th Annual Hembership
Luncheon to be held November 21, 1988 in the a~ount of $1,000.
($400.00 ~es budgeted to purchase tickets for' this annual event and
$600~00 ~rill be taken fram line item in Account t424. special
luncheons). Councilman Herren seconded the motion; motion carried 6-1
with Hayer Pro Tam Wllkereun, Council~en Herren, S~°ther~on, Co~n,
Wolfe and Nelson votin~ in favor of the motion; and Council=~
PettiJohnvotins against the motion.
CONSENT AGENDA
It~ 19A.' Discussion and consideration of approval of ~ituree by
the llayor in the ·~ount of $188.00 related to Project Plato
- requested by llayor Du~·n.
Item 19B: Discussion ·nd consideration of approval of · #racker
Service Contract ~th Billy B. lllison c/b/a lllison's
Automotive Vrecker Service vhich is b·eed upon prior Council
bid ay·rd and autborislmS cb Hayer co siSu.
Pass 7 of 8
Item 19C: Discussion and considerations,of approval of an ordinance
amending Article i-3 of the Cit~:~!i~:!~i:i~iing with police vehicle and
property pound brinsing the article up-to-date and in compliance with
the ~recker Service Contract with ~llieonts luto~otive ~recker
Service.
Councilman Smothermon moved to approve consent agenda Items 19A,
and authorizing the Hayor to sign, and 19C as submitted. Councilman
Nelson seconded the motion; motion carried 7-0 with l~ayor Pro Tem
Wilkerson, Councilmen PettiJohn, Horton, Smothermon, Cowman, Wolfe and
Nelson voting in favor of the motion.
~XECUTIVE SESSION (Closed to the public)
Item 20: Article 6252-17, Section 2 (e) discussion with the City
Attorney concerning legal effect of letter to Dallas County
to assist Dallas County in obtaining slope easements.
Item 21: Article 6252-17, Senate Concurrent Resolution Number 83.
1. Discussion with City Attorney concerning matter
involving privileged communication between Attorney and
client.
Hayor Pro Tam ~ilkerson declared the public session closed on Tuesday,
November 8, 1988 at 10:25 p.m. as alloyed under the above recited
articles. Nayor Pro Tem ~ilkerson adjourned the Executive Session at
10:39 p.m. and opened the public session.
(Open to the public)
Item 22: Discussion and consideration of approval of a letter from
the City of Coppell to Hr. J.~. Bryan, P.E. Director of
Public Works for Dallas County stating that the City of
Ccppell will not collect from the St. Louis Southwestern
Railway Company and assessment if any is levied by the City
asainst railroad property for chi Beltline Road I~rove~nts
fr~ HacArthur Boulevard to the West ~rfl~ Swale of th~
Trinity River in exchange for certain rights of access
slope easement being granted to Dallas County and
authorizin~ the Hayor co
ioll~in~ discussion Council~n Suothe~n ~ed to deny the approval
of ~itini a letter and to notify the appr~riate authority of the
City's decision. Counci~ Co~n seconded the motion~ motion
carried 7-0 with Nayor Pro Tam ~tl~rson, Counct~en PettiJo~,
~or~on, S~o~he~on, Co~, ~olii and ~llsoa vo~ln~ in favor of ~he
~OtiO~,
There being no further busi~ss to discuss the ~eti~ vas adjourned.
Lou Duggan
Mayor
ATTEST:
Dorothy Timmons
City Secretary
~I~ 1~8
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